A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 24, 2010, the Defendant, at the Gunsan Branch of the Jeonju District Court, issued a summary order of KRW 1,00,000 as a crime of violating the Road Traffic Act, and on November 14, 2013, issued a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act at the same court on more than two occasions.

On March 4, 2017, the Defendant driven B rocketing car under the influence of alcohol content of about 5 km from the front day of the drinking house in which it is impossible to identify the trade name in the Sinsan-si transportation Dong around 06:40 to the front day of the road in the Sinsan-si, Sinsan-do.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;

1. Previous conviction: Application of two copies of the decision of the relevant summary order, such as a reply to inquiry, investigation report (Attachment of the previous and summary order), and application of two copies of the relevant summary order, such as criminal history;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant, who has been punished twice due to driving of drinking for the reason of sentencing under Article 62-2 of the Criminal Act, has repeated driving of drinking, and the nature of the crime is not weak. In particular, driving of drinking is caused by a large accident by driving under the condition that the ability to exercise caution and physical exercise has been significantly deteriorated, and thus, is highly dangerous. However, although there are circumstances unfavorable to the defendant, such as the fact that the defendant is recognized of his mistake and reflects the fact that the defendant is driving, and all other circumstances constituting the conditions of sentencing, such as the defendant's age, sexual behavior, environment, etc., the punishment shall be determined as per the order.